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Georgia Supreme Court Announces Merger Error Claims During Sentencing May Be Raised for First Time in Habeas Petition
by Anthony W. Accurso
THe Supreme Court of Georgia held that claims of merger error during sentencing may be raised for the first time in a properly filed habeas petition and are not procedurally barred by failure to raise such claims in the trial court or on direct appeal.
On ...
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More from this issue:
- The Real Minority Report Predictive Policing Algorithms Reflect Racial Bias Present in Corrupted Historic Databases, by Matthew Clarke
- Massachusetts Supreme Judicial Court Announces Premature Sex Offender Classification of Incarcerated Offender Who Accepted Classification Violates Procedural Due Process, by Douglas Ankney
- Tenth Circuit Rejects Qualified Immunity for Prosecutor Alleged to Have Fabricated Evidence, Despite no Previous Case with Materially Similar Facts, by Douglas Ankney
- California Supreme Court: Furnishing Drugs Resulting in Overdose Death Does Not Automatically Trigger Great Bodily Injury Enhancement, by Dale Chappell
- Hawaii Supreme Court Announces Five-Factor Test in Determining Whether There’s ‘Fair and Just Reason’ to Withdraw Plea, by David Reutter
- Seventh Circuit: District Court Erred in Denying Compassionate Release Motion by Limiting ‘Extraordinary and Compelling’ Analysis to USSG § 1B1.13, by Dale Chappell
- Anger: A Natural Reaction That Makes the Innocent Appear Guilty, by Jayson Hawkins
- An Inside Look at Operation Trojan Shield How the FBI Crafted an International Encrypted Messaging Sting, by Jayson Hawkins
- Tenth Circuit Announces Adoption of ‘Offense of Conviction Approach’ for Determining Sentence Reduction Under First Step Act § 404(b), by Dale Chappell
- Kansas Supreme Court Affirms Reversal and Dismissal of Murder Charges Based on Speedy Trial Violation, by Douglas Ankney
- Arizona Supreme Court Announces Trial Courts Have Discretion to Deny State’s Request for SVP Screening and Provides Guidance to Courts Exercising That Discretion, by Douglas Ankney
- Arizona Supreme Court Clarifies Proper Fundamental Error Review Applicable to Allegation of a Single, Unobjected-to Instance of Prosecutorial Misconduct, by Douglas Ankney
- Study: Bloodstain Pattern Analyses Display Alarming Lack of Accuracy, by Michael Fortino, Ph.D
- SCOTUS Holds Ramos’ Unanimous Jury Requirement Is New Procedural Rule and Announces No New Procedural Rule Applies Retroactively on Federal Collateral Review, by Dale Chappell
- Second Circuit: Autopsy Report Is ‘Testimonial’ for Confrontation Clause Purposes, Habeas Relief Granted, by Dale Chappell
- Ohio, Now 24th State to End LWOP for Juveniles, by Michael Fortino, Ph.D
- "Eighth Circuit: Government Breached Plea Agreement by Endorsing PSR’s Calculation of Higher Base Offense Level Than Plea Agreement, Curing Breach Not Recognized in Circuit", by David Reutter
- Current Forensic Sciences Not as Objective as Most Believe, by Edward Lyon
- DNA Standards Often Make the Difference Between Life and Death, by Michael Fortino, Ph.D
- Justice Department Orders All Federal Agents to Wear Body Cameras, by Chuck Sharman
- Georgia Supreme Court Announces Merger Error Claims During Sentencing May Be Raised for First Time in Habeas Petition, by Anthony Accurso
- Justice Department Bans Chokeholds and Restricts No-Knock Entries for Federal Agents, by Chuck Sharman
- Ninth Circuit Announces All 3 Subsections Must Be Satisfied to Deny Safety-Valve Relief Under 18 U.S.C. § 3553(f)(1), by Dale Chappell
- Experts Agree: Police Public Relations Consistently Mislead the Public, by Jayson Hawkins
- Study Shows Public Defenders Outperform Court Appointed Private Attorneys, by Michael Fortino, Ph.D
- Investigative Report Highlights Difficulties in Disciplining Cops, by Michael Fortino, Ph.D
- Florida’s Worst Cop Fired for 7th Time, by Jayson Hawkins
- Police Do Not Want to Pay for Damage They Inflicted to Texas Home, by Kevin Bliss
- SCOTUS Reinstates Death Sentence Reversed by Eleventh Circuit, by Matthew Clarke
- California Supreme Court Announces Predicate Offenses for Gang Enhancement or Gang Participation Not Provable Using Expert Witness Testimony Without Personal Knowledge of Facts, by Matthew Clarke
- NYC’s Stop-and-Frisk Still Targets Based on Race, by Jayson Hawkins
- News in Brief
More from Anthony Accurso:
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025
- Studies Link Incarceration with Lower Cancer Survival Rates—For Prisoner’s Partners, Too, May 1, 2025
- ACLU Sues BOP Over Failure to Implement First Step Act Release Credits, May 1, 2025
- Federal Government Circumventing Fourth Amendment by Buying Data From Data Brokers, April 15, 2025
- Crowdsourcing a Map to Track License Plate Surveillance, April 15, 2025
- D.C. Police Continue Heavy Investment in Social Media Monitoring, April 15, 2025
- $7.15 Million for Oklahoma Prisoner Exonerated After Nearly 50 Years, April 1, 2025
- North Carolina Reimburses Prisoner $2,500 for Law Books Destroyed by Guards, April 1, 2025
- Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, April 1, 2025
- $250,000 Settlement But No Charges After Alabama Guards Beat Prisoner To Death, April 1, 2025
More from these topics:
- ACLU Sues BOP Over Failure to Implement First Step Act Release Credits, May 1, 2025. U.S. Sentencing Guidelines, First Step Act, Bureau of Prisons (BOP).
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant, April 15, 2025. U.S. Sentencing Guidelines, Resentencing, Bank Fraud/Robbery/Theft, Probation, Parole & Supervised Release, Eligibility for Parole.
- Virginia Parole Board Skirts New Transparency Rules, Governor Walks Back Expanded Sentence Credits—Again, March 1, 2025. Local Rules, U.S. Sentencing Guidelines, Probation, Parole & Supervised Release, Credits.
- Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
- The Murky Waters of Parole, Feb. 1, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release.
- Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires, Jan. 15, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Resentencing, Revocation Proceedings, Overreaching.
- After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, Jan. 15, 2025. U.S. Sentencing Guidelines, Conspiracies, Attempts, Solicitations, Attempts/Incomplete Acts, Credits, Sentences - Adjustments and Departures.